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Wisham v. State

Proof of legal title to the damaged vehicle is not necessary to sustain a conviction for arson in the second degree.

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Following a bench trial, Jason Wisham was found guilty of arson in the second degree. He appeals from the conviction and judgment entered thereon. On appeal, Wisham argues that there was a fatal variance between the allegations of the indictment and the evidence at trial. We disagree and affirm. Viewed in the light most favorable to the verdict, Jackson v. Virginia, 1 the evidence shows that on June 10, 2002, at 1:50 a.m., Jacqueline Renee Byrd, age 19, noticed a shadow on her mother’s white car which was parked in the driveway upon looking out her bedroom window. Upon closer inspection, Bryd saw smoke coming from her car, which was parked nearby her mother’s car, about one or two feet from her bedroom window. As Byrd ran onto the porch, she saw Wisham standing in front of her car. Byrd testified that Wisham smiled and waved at her prior to running in the direction of the rear of the house. Both Byrd and Deputy Brent Loeffler of the Decatur County Sheriff’s Office testified that the front yard of the Byrd home was illuminated by a nearby streetlight. Officer Loeffler stated that he could identify other deputies in the front yard as he walked toward the house from the road.

A fire had been set in the center of the back seat of Byrd’s car, which burned out the back seat before it was extinguished. Additionally, there were deep gouges and scratches in the paint of Byrd’s car, and the word “bitch” had been scratched in the paint on the hood and sides. Two of Wisham’s roommates testified that he had stated to them, or in their presence, that he had burned Byrd’s car. Further, copies of a song and a paragraph written by Wisham were entered into evidence that talked about burning a girl’s car because she had wronged him. Held:

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